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Los Angeles Real Estate/Financial Services Mediation: There is Not Just One Path to Getting to Yes

There is not just one method to reach a settlement.  Every case has its unique personality.  For some cases, the resolution is obvious.  Other cases are less clear and require the perseverance and clarity to obtain the ultimate settlement.

I recently had a discussion with a friend who is very experienced mediator about his practice.  He lamented that he felt like every mediation ended up with him begging for an offer.  My view is somewhat different.  I find that instead of begging for an offer I am more focused on understanding each side’s position.  I view myself as each side’s advocate seeking that elusive settlement.

So, is there one formula that will always work to get a case settled?  Unfortunately, no.  A good mediation will inform the parties of the other side’s position and the stumbling blocks towards resolution. 

As I told my friend, it is not a mediator’s job to beg for an offer.  Rather, it is to understand what is required to resolve the case.   Getting to yes (settling a case) may require time.  The parties may require more information, or they may require a legal issue to be decided first by the trial judge before the case is ripe for settlement.  Sometimes it is simply a matter of getting the right decisionmaker involved.  There may not to be one path that will always work to settle a case, but the good news is that there is always a path.


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